Voluntary surrender and truthful disclosure may reduce a sentence; evading an opened case does not make prosecution expire

Cost: No monetary cost for surrender itself. The source describes going to the police, or remaining in place and reporting by telephone, then truthfully explaining what happened. The difficult part is resisting the hope that waiting may avoid investigation.

In plain language: The source describes potential baseline-sentence reductions of up to 40% for voluntary surrender, with larger reductions or exemption possible for minor offences. Truthful disclosure after being approached may qualify for a reduction of up to 20% in the ordinary category. These are possibilities, not guarantees. Evading investigation after a case is opened does not obtain the benefit of an expired prosecution limitation period.

Rules reported by the source: Criminal Law article 67 defines voluntary surrender as voluntarily presenting oneself after an offence and truthfully confessing it. It permits lighter or mitigated punishment and, for minor offences, exemption. Truthful confession without surrender can permit lighter punishment; preventing particularly serious consequences through confession can permit mitigation. The sentencing guidance's percentages apply to a baseline sentence calculated from the circumstances. It describes surrender reductions up to 40%, or more for minor offences; ordinary truthful confession up to 20%; confession of a more serious same-kind offence unknown to authorities 10–30%; and preventing particularly serious consequences 30–50%. Admission of guilt and acceptance of punishment may yield a reduction up to 30%; combined circumstances such as surrender, substantial confession, restitution or compensation and forgiveness may yield up to 60%, or more or exemption for minor offences. Article 87 gives prosecution limitation periods of 5, 10, 15 or 20 years according to the statutory maximum penalty. Article 88 provides that evading investigation or trial after a prosecutorial, police or state-security case is opened, or a court accepts a case, is not subject to those limits. Scope: China; the source dates the sentencing guidance to July 1, 2021.

Source author's evidence grade: A; not site verification or professional approval.

Notes: Surrender is a mitigating circumstance, not cancellation of the offence. The court decides the reduction; the guidance calls for stricter treatment of leniency for serious violent and drug offences. Traffic accidents have separate considerations: remaining at the scene, helping injured people and reporting can count as voluntary surrender, but are also legal duties, so leniency is applied more strictly. Returning to surrender after fleeing can still qualify, while using the more serious statutory penalty category as the baseline. See this chapter's entry 1 on stopping, helping and reporting after an accident. Retaining a lawyer is compatible with truthful disclosure; see entry 5. The source describes a lawyer checking whether the written record is accurate, rather than inventing an account.

Original source bibliography (titles retained as supplied): 全国人大. 中华人民共和国刑法（经刑法修正案十一修正的整合文本）第六十七、八十七、八十八条. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92；最高人民法院、最高人民检察院 (2021). 关于常见犯罪的量刑指导意见（试行）（法发〔2021〕21 号，2021 年 7 月 1 日施行）三（六）（七）（十四）. 甘肃省张掖市人民检察院转载全文. http://www.zhangye.jcy.gov.cn/info/1039/2086.htm；最高人民法院 (2010). 关于处理自首和立功若干具体问题的意见（法发〔2010〕60 号）一. 最高人民法院公报. http://gongbao.court.gov.cn/Details/f3089058d37e11cd16d801530934ae.html